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(영문) 울산지방법원 2019.11.21 2019나579
대여금
Text

1. According to the expansion of the purport of the claim by this court, the judgment of the first instance is modified as follows.

The defendant is C.

Reasons

1. Basic facts

A. From May 9, 2016 to August 24, 2016, the Plaintiff, as the husband of the Defendant, lent KRW 10,000,00 in total, total of KRW 10,000,000 as of May 9, 2016, and KRW 23,500 on May 23, 2016, ③ KRW 5,000,000 on August 4, 2016, and ④ KRW 2,500,000 on August 24, 2016.

(hereinafter collectively referred to as “instant loan”). The money in paragraphs (1) and (3) above, and (2) 900,000 won in subsection (2) above are loans granted by the Plaintiff to C with credit card loans.

B. C paid to the Plaintiff KRW 1,00,000 on June 21, 2016, and KRW 3,000,000 on November 21, 2017, respectively. The Plaintiff agreed or appropriated KRW 1,00,000 on the repayment of the loan, and KRW 3,00,000 on the repayment of the loan.

C. In operating the “D Licensed Real Estate Agent Office” jointly with C, the Plaintiff opened a bank account (Account Number: E; hereinafter “instant bank account”) in his/her own name, and issued a card (credit card) with which the amount of credit is deposited from the said deposit account and delivered it to C.

[Reasons for Recognition] Unsatisfy, Gap's statements, 1 through 7, 9, 10, 13, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion lies in C with loans and interest claims of KRW 6,857,400 (principal KRW 6,000,000) calculated by the ratio of 17.9% per annum on credit card loans equivalent to the interest rate of KRW 6,857,400 (principal KRW 6,000,000).

C Since the above money was borrowed from the Plaintiff to use the above money as family living expenses or the registration fees of the university for children, C’s obligation to the Plaintiff constitutes a debt to be borne with respect to daily home affairs, the Defendant is jointly and severally liable for the above C’s obligation to borrow money pursuant to Article 832 of the Civil Act.

Therefore, the defendant is obligated to pay to the plaintiff the total amount of the above loan and interest 6,857,400 won and damages for delay.

(b).

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